(x) Person means any individual, partnership, corporation, limited partnership, association, joint stock company, trust, joint venture, unincorporated organization and any governmental entity or any department, agency or political subdivision thereof.
(y) Plan means the Amended and Restated Castle Creek Pharmaceutical Holdings, Inc. Management Incentive Plan, as set forth in this document, as amended, restated or supplemented from time to time pursuant to its terms.
(z) Property means all real and personal property acquired and held by the Company and any improvements thereto, and includes both tangible and intangible property.
(aa) Public Offering means a firm commitment underwritten public offering of the Common Stock of the Company, pursuant to a registration statement filed under the 1933 Act.
(bb) Repurchase Right is defined in Section 9.2 hereof.
(cc) Repurchase Value is defined in Section 9.2 hereof.
(dd) Restriction Period means the period during which the transfer of Restricted Stock is limited in some way (based on the passage of time, the achievement of performance objectives, or the occurrence of other events or conditions as the Committee determines, in its discretion), and/or the Restricted Stock are not vested.
(ee) Restrictive Covenant is defined in Section 9.5.
(ff) Restricted Stock means a grant of an Incentive Share awarded to a Participant pursuant to Article 7, subject to the terms and conditions set forth in the applicable Award Agreement.
(gg) Series A-6 Preferred Stock means Series A-6 Preferred Stock, par value $0.0001 per share, of the Company.
(hh) Service means the provision of services to a Company Entity in the capacity of Employee, Independent Contractor, or another service provider.
(ii) Stockholders Agreements means (i) the Voting Agreement, (ii) that certain Right of First Refusal and Co-Sale Agreement, dated as of October 9, 2018, by and among the Company and the other parties thereto, as the same may be amended or amended and restated from time to time, and (iii) that certain Investors Rights Agreement, dated as of October 9, 2018, by and among the Company and the other parties thereto, as the same may be amended or amended and restated from time to time.
(jj) Stock Option means the option to purchase an Incentive Share at the exercise price set forth in the applicable Award Agreement, subject to the terms and conditions set forth in the applicable Award Agreement.
(kk) Subsidiary means, with respect to any Person, any corporation, limited liability company, partnership, association or business entity of which (i) if a corporation, a majority of the total voting power of shares of stock entitled (without regard to the occurrence of any contingency) to vote in the election of directors, managers or trustees thereof is at the time owned or controlled, directly or indirectly, by that Person or one or more of the other Subsidiaries of that Person or a combination thereof or (ii) if a limited liability company, partnership, association or